HomeMy Public PortalAbout19910613CCMeetingTybee Island, Georgia
June 13, 1991
The Tybee Island City Council held its regularly monthly meeting
on Thursday, June 13, 1991, at the Tybee Island City Hall, with Mayor Charles
J. Hosti presiding. The following members of council were present: James P.
Locklear, Jack Youmans, Bill Walsh, Jimmy Brown, L. Jefferson Dukes and Paul
Jackson. City Attorney Thomas J. Mahoney, Jr. was present to represent the
city.
The meeting began with a Invocation given by Councilman Locklear,
followed by the Pledge of Allegiance led by Mayor Hosti.
The Mayor then called upon any visitors who wished to speak to
council. Mr. Danny Weatherly asked council for a one day beer permit for
the MDA Labor Day event to be held in the 16th Street parking area.
Mr. Jack Burton, Chairman of the Recycling Committee spoke to
council concerning the location of the bins. He requested the bins to be
located at Van Horn and Fort Street in the Fort Screven area.
Mr. Carl Thompson, a Pulaski Street resident, asked that council
do something about the speeders on his street because of all the children
that play close to the street because there are no front yards on the north
side of the street. Mr. Thompson suggested that cars coming out of Lighthouse
Point be made to turn towards Van Horn Street only. Mayor Hosti asked
Councilman Walsh and his police committee to look into this matter and make
a recommendation to council.
Mr. Chuck Bargeron said that he wanted to go on record that he
doesn't think that the proper procedures were followed in the hiring of the
City Marshal.
Mayor Hosti opened the meeting for business legally presented to
council. Mayor Hosti turned the meeting over to Councilman Locklear for
the presentation of a proclamation to a young man who has made Eagle Scout.
The first Eagle Scout on Tybee was in 1924 Alexander Perry Solomon III and
now in 1991 his grandson Alexander Perry Solomon V is a Eagle Scout. Council-
man Locklear stated that only 2.5 per cent make the level of Eagle Scout and
that the city is very proud to have one in our community. Mayor Hosti then
read the proclamation. Young Perry is a member of Troop #154 on Tybee
Mayor Hosti asked that Mrs. Loree Anderson and Mrs. Elisabeth
Fitzgibbon come forward. The Mayor then presented each lady with a certificate
of appreciation for all the nice things they do for the community.
Councilman Walsh made a motion to approve the one day beer permit
for the MDA on Labor Day. Councilman Youmans seconded. The vote was unanimous.
Tybee Island, Georgia
June 13, 1991 - Page 2
Councilman Jackson made a motion to accept the May minutes as
read, with Councilman Walsh seconding. The vote by council was unanimous.
The bills for the month of May are as follows:
General Government 19,318.68
Police 10,278.27
Fire 1,352.75
First Response 938.75
Parking Services 1,535.64
Recreation 1,813.63
Lifeguards 647.50
Public Works 17,716.79
Sanitation 18,914.64
Water /Sewer 14,752.81
Councilman Youmans made a motion to pay the bills for the month
of May. Councilman Jackson seconded with a unanimous vote by council.
Councilman Dukes so moved to accept the recommendation by the
recycling committee on the placement of the bins at Van Horn and Fort Street.
Councilman Jackson seconded. Councilman Youmans said that there were houses
on two corners - Ring and Stewart. The vote by council was 5 in favor and
1 opposed (Youmans). Councilman Dukes said that the work has just begun,
now we have to make the public aware of the location of the bins. He thanked
the volunteers for a job well done and for the many hours that they have
worked on committee meetings. Councilman Dukes stated that in a week to ten
days he would like to have a demonstration for full council on the progress
that Mrs. Maxey has made with the Booton Plan. He stated that he is very
proud of the progress.
Councilman Walsh made a motion to grant the alcoholic beverage
license to George Spirides of the Veranda Restaurant. Councilman Jackson
seconded. A unanimous vote was made by council.
Councilman Youmans said that a poll of council was taken on the
Storm Drainage project on 14th Street, the cost is approximately $15,000.00.
Councilman Youmans made a motion to pay Roto Rooter $1,680.00 for the same
project. Councilman Jackson seconded. The vote by council was unanimous.
Councilman Brown explained a user fee for Memorial and Jaycee Parks
that the committee would like for policy. He then made a motion to approve
with Councilman Locklear seconding. Councilman Youmans stated that there is
an ordinance that states a hotel or motel will provide a lifeguard for the
beach. The vote on the user fee was unanimous by council.
Councilman Locklear told council that he has a replyfrom Senator
Coleman plus a statistical study by Chris Case and that the Parking booth
committee will meet soon. He also said that Tybee Arts will be moving to
the Lighthouse in the very near future.
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Tybee Island, Georgia
June 13, 1991 - Page 3
Mayor Hosti announced that he has appointed Rowena Fripp as the
task force member from Tybee Island on the Storm Water NPDES board. Mayor
Hosti reported that the State EPD has decided to make this a county wide. Tybee
must participate and the cost will be discussed. Mrs Fripp said that it should
cost Tybee around $7,500 to 10 thousand dollars in the next two years.
Councilman Dukes moved that the council approve the request of the
Mayor and the City Administrator that Mr. Chris Case be appointed to the position
of Tybee Island City Marshal. Councilman Jackson seconded the motion. Councilman
Youmans stated that under our charter that the appointment is not legal and that
the Mayor does not have the authority to appoint. Councilman Brown complimented
Mr. Case on the fine job he is doing for the city. Councilman Brown also stated that
Mr. Case comes from a fine family, but he feels that the problems of the position
goes back to not following the policy, procedures and rules on hiring that are
in the City charter and Code of Ordinances. Brown further stated that only one
applicant was given a test by Chatham County and that the personnel clerk told
other applicants that accepting applications for the position ended April 30th.
Councilman Locklear said that this issue is becoming divisive and nit picking and
III-0 4C that if an error has been made, so done. Councilman Locklear then made the
following amendment to the motion "That a vote to hire Mr. Case as the City Marshal
• be tabled until the July 1991 council meeting, and that between today and the July
council meeting that the Government and Finance Committee review the hiring
procedures that placed Mr. Case in his present position, and provide a report to
O • the full council their findings with a recommendation of the action, if any other
cthan a call for the vote on Mr. Case as the new City Marshal, that should be taken
to fill the position of said position; to wit, City Marshal." Councilman Youmans
• asked City Attorney, Thomas Mahoney, if the city was doing something illegal in
o reference to our charter and code? The city attorney answered with quotes from
Sections 11 and 54 of our city charter. Councilman Jackson called for the
question. The vote by council was four in favor of the appointment and two opposed
P
(Youmans and Brown). Brown noted that he voted against the procedure and not against
▪ Mr. Case.
a The following ordinances were read for the second time. Section
• 10 -3 -1 through 10 -3 -4 Abandoned Vehicles. Councilman Jackson so moved for
III 1 oppose CYoumans). Councilman Locklear made a motion to adopt Section 11-2-1(10)
v
▪ approval, with Councilman Locklear seconding. Vote by council was 5 in favor,
a
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Definition - Refrigerators, stoves and other household appliances. Councilman
Walsh seconded, vote by council was unanimous. Councilman Locklear made a motion
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Tybee Island, Georgia
June 13, 1991 - Page 4
to accept Section 11 -2 -1(10) Definition State Law reference - Nuisance. Councilman
Walsh seconded. Vote by council was unanimous. Councilman Jackson moved to adopt
Section 8 -2 -19 Standard Unsafe Building Abatement Code with Councilman Locklear
seconding. The vote by council was 5 in favor, 1 opposed (Youmans).
Section 4 -2 -10 was read by Councilman Locklear. This ordinance is
for Propane Gas Tanks - identified; inventoried; update. Councilman Jackson made
a motion to add this ordinance to our codes, with Councilman Youmans seconding.
The vote by council was unanimous.
Mayor Hosti announced that the Hurricane Awareness Program will be
held on June 19th in the City Hall Auditorium at 7:30 P.M. Councilman Dukes
announced that Mr. John Crawfish Crawford will be doing a very interesting program
on Saturday, June 15th at 8 P.M.
Councilman Jackson made a motion to adjourned the regular meeting
and to go into executive session to discuss real estate and personnel. Councilman
Dukes seconded. The council vote was unanimous.
Mayor Hosti reopened the meeting for Joan Sumner of the Chamber of
Commerce. They are requesting a permit for the July 4th Fireworks at 9:30 P.M.
on the beach between Spanky's and the DeSoto. Councilman Youmans moved to approve
the request, with Councilman Brown seconding. Vote by council was unanimous.
At this time Ms. Sumner thanked the city for all the assistance with the Beach
Music Festival.
Clerk of Council
Mayor C harle
Hosti
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WHEREAS, The citizens of the City of Tybee Island have
traditionally been keen supporters of the youth of the community;
and
WHEREAS, This support has often taken the form of organized youth
activities; and
WHEREAS, One of the town's most favored organizations for youth
has always been the scouting movement; and
WHEREAS, Boy Scout Troop 154 has been chartered since 1988 in
which A. Perry Solomon V is a Charter Member; and
WHEREAS, The highest honor that a Boy Scout can earn is Eagle
Scout; and
WHEREAS, Perry reached this summit on 26 March 1991;
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE
MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CITY OF
TYBEE ISLAND AND ITS CITIZENS DO HEREBY RECOGNIZE THE OUTSTANDING
ACHIEVEMENT OF ALEXANDER PERRY SOLOMON, V BY MEANS OF THIS
RESOLUTION,
AND BE IT FURTHER RESOLVED THAT A COPY OF THIS RESOLUTION BE
PRESENTED TO YOUNG MR. SOLOMON, AND ALSO BECOME A PART OF THE
OFFICIAL MINUTES OF THIS MEETING OF THE TYBEE ISLAND CITY
COUNCIL.
THIS 13TH DAY OF JUNE, 1991.
"MAYOR
(TC?.(25J11.51.0r—)
LERK'(j'� CO CIL
lJ
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Ordinance # 14
AN ORDINANCE AMENDING TITLE 10, MOTOR VEHICLES AND TRAFFIC
BY DELETING IN ITS ENTIRETY CHAPTER 3, ABANDONED VEHICLES
AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 3 OF THE
TYBEE ISLAND CODE OF ORDINANCES ENTITLED ABANDONED VEHICLES.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE
CHAPTER Off' THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED
IN LIEU THEREOF A NEW CHAPTER 3 ENTITLED ABANDONED VEHICLES
TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS:
TITLE 10. MOTOR VEHICLES AND TRAFFIC
Chapter 3,. ABANDONED VEHICLES
State Law Reference: Abandoned Motor Vehicles,
Official Code of Georgia Annotated 36 -60 -4 and
40 -11 -1 through 40- 11 -24.
VEHICLES ABANDONED ON PUBLIC PROPERTY AND VEHICLES
ABANDONED ON PRIVATE PROPERTY. Section 10 -3 -1
(1) "Abandoned motor vehicle" means a motor
vehicle or trailer:
(a) which is left unattended on a public
street, road or highway or other public property for a
period of at least five days and when it reasonably
appears to a law enforcement officer that the
individual who left such motor vehicle unattended does
not intend to return and remove such motor vehicle;
(b) which has been lawfully towed onto the
property of another at the request of a law enforcement
officer and left there for a period of not less than 30
days without anyone's having made claim thereto;
(c) which has been lawfully towed onto the
property of another at the request of a property owner
on whose property the vehicle was abandoned and left
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there for a period of not less than 30 days without the
owner's having made claim thereto;
(d) which has been left unattended on
private property for a period of not lest0 days which
does not have affixed thereto a valid current state
motor vehicle license tag or a current municipal decal
(e) Any discarded, dismantled, wrecked,
scrapped, ruined or junked motor vehicle or parts
thereof when the parts are in such a condition to
constitute a health hazard or unsightly nuisance after
the same has been declared to be a nuisance by the
governing body of the City.
(2) Removal by Peace Officers. Section 10 -3 -2
(a) Any peace officer who finds a motor
vehicle which has been left unattended on a public
street, road or highway or other public property for a
period of at least five days or any peace officer who
finds a motor vehicle which has been left unattended or
which is discarded, dismantled, wrecked, scrapped,
ruined or junked, or parts thereof, which have been
held to be a nuisance as set forth in this Code and
which is unabated for a period of at least five days on
private property shall be authorized to cause such
motor vehicle or dismantled parts thereof to be removed
to a garage or other place of safety, if such peace
officer reasonably believes that the person who left
such motor vehicle unattended or such parts, or junked
or dismantled, scrapped, ruined or junked motor vehicle
once declared to be a nuisance unabated that the owner
does not intend to return and remove said motor vehicle
and /or parts.
(b) Any peace officer shall be authorized
immediately to cause such motor vehicle and /or parts to
be removed to a garage or other place of safety when
such motor vehicle poses a threat to public health or
safety.
(c) Any peace officer who under this
Ordinance causes any motor vehicle to be removed to a
garage or other place of safety shall be liable for
gross negligence only.
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(d) (1) Any peace officer or the law
enforcement agency of this City which causes a motor
vehicle and /or parts thereof to be removed to a garage,
as authorized by this Ordinance, or other place of
safety or which is notified of the removal of a motor
vehicle from private property shall within 72 hours
from the time of removal or notice and if the owner is
unknown:
(a) Notify the Department of Revenue
and the Georgia Crime Information Center of the
description of the vehicle and the location to which
such motor vehicle has been removed; and
(b) If available on the Georgia Crime
Information Center Network, determine the name and
address of the last known registered owner of such
vehicle.
(2) If the name and address of the last
known registered owner of the motor vehicle is obtained
from the Georgia Crime Information Center, the peace
officer who causes the motor vehicle and /or parts to be
removed shall, within three calendar days, make
available to the person removing such motor vehicle the
name and address of the last known registered owner of
such motor vehicle, the owner of the motor vehicle as
recorded on the Title of such vehicle, and all security
interest holders or lienholders. If such information
is not available, the peace officer shall, within three
calendar days, notify the person removing or storing
such vehicle of such fact.
(3) Disposal and Sale of any such
vehicle or parts removed shall be in accordance with
the provisions of Chapter 11, Title 40 -11 -1 through
40 -11 -24 of the Official Code of Georgia Annotated
which is hereby adopted in its entirety.
(4) The City shall have the power and
authority to contract with private individuals and
firms for the removal of discarded, dismantled,
wrecked, scrapped, ruined or junked motor vehicles or
parts thereof from public and private properties.
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Exceptions. Section 10 -3 -3
This section shall not apply to farm vehicles or
vehicles located in an enclosed building on private
property or to any motor vehicle which is located
within the premises of any junkyard complying with the
laws of this State relating to the licensing and
regulating of motor vehicle junkyards.
Penalty.
Section 10 -3 -4
Any person, firm or corporation which shall have
been construed as conducting a nuisance on its property
shall be subject to any or all of the penalties and
punishment as prescribed in Section 1 -1 -8 of this Code.
ADOPTED THIS
DAY OF
, 1991.
CLERK OF COUNCIL
1st Reading: of cl 6QCli
2nd Reading: NJUA.112, j(o,1gG
Adopted: Q Vp I rig I
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Ordinance # l- 1 J
AN ORDINANCE DELETING SECTION 11 -2- 1(10), DEFINITION IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION
11 -2 -1)10) OF THE TYBEE ISLAND CODE OF ORDINANCES ENTITLED
DEFINITION.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE
CHAPTER OF THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED
IN LIEU THEREOF A NEW SECTION 11 -2 -1(10) ENTITLED DEFINITION
TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS:
DEFINITION. Section 11 -2 -1(10)
Refrigerators, stoves and other household
appliances.
ADOPTED THIS DAY OF , 1991.
MAY
CLERK OF COUNCIL
1st Reading:
ll ,`l� ) 1911
2nd Reading: At.A.LI) ICIq(
Adopted: ',U''" &(5) mil
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Ordinance # K( Up
AN ORDINANCE DELETING THE STATE LAW REFERENCE NUISANCES,
GEORGIA CODE ANNOTATED, TITLE 72 IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF A NEW STATE LAW REFERENCE
OF THE TYBEE ISLAND CODE OF ORDINANCES.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE
STATE LAW REFERENCE NUISANCES, GEORGIA CODE ANNOTATED, TITLE
72 OF THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED
IN LIEU THEREOF A NEW STATE LAW REFERENCE TO THE TYBEE
ISLAND CODE OF ORDINANCES, AS FOLLOWS:
DEFINITION. Section 11 -2 -1(10)
State Law Reference - Nuisances, Official Code of
Georgia Annotated Title 41.
ADOPTED THIS DAY OF , 1991.
CLERK OF COUNCIL
1st Reading: rq (o
)
2nd Reading: .IF, I I
Adopted: ..ktA .@ LJ
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Ordinance # I1q 1-17
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF
ORDINANCES, TITLE 8 Planning & Development, Chapter 2, Technical
Codes, Paragraph 19 Standard Unsafe Building Abatement Code.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES BE
AMENDED BY THE ADDITION OF CODE SECTION 8 -2 -19, WHICH SHALL READ AS
FOLLOWS:
8 -2 -19 Standard Unsafe Building Abatement Code
(a) The Standard Unsafe Building Abatement Code, 1985 Edition, recommended
by the Southern Building Code Congress International, Inc., is hereby
adopted in its entirety and is incorporated into this Code of Ordinances
as fully as if set out at length herein, with the modification that
wherei r the terminology "the Board of Adjustments and Appeals" appears
in this standard code the city's own appeals process, as described in
Code Sections 8 -1 -1 and Title 8 Chapter 4 Articles F & G, which sections
describe the city's process of public notice and public hearings for
variances and amendments to the planning & development codes shall prevail.
(b) If any section of this standard code is in conflict with this Code of
Ordinances, then this Code of Ordinances shall control.
THIS DAY OF
First Reading: /0-12-'10
Enacted: to _I? -9 1
, 1990.
CLERK OF COUNCIL